Isabella Carter
The original US Constitution, drafted in 1787 and ratified in 1789, did not settle the issue of slavery. While the document did not contain the words slave or slavery, it dealt directly with American slavery in several of its provisions and indirectly protected the institution. The Constitution prohibited federal interference with the international slave trade for at least 20 years and included the Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and the Electoral College. The framers of the Constitution held conflicting views on slavery, with some personally opposing it on moral grounds while prioritising political unity over abolition, resulting in compromises that protected slaveholding interests. The issue of slavery was a contentious topic during the Constitutional Convention, with delegates from southern states threatening to refuse to join the Union if the slave trade was restricted. The compromise reached, which included the Fugitive Slave Clause requiring the return of runaway slaves to their owners, laid the foundation for future conflict and contributed to the Civil War. It was only with the 13th Amendment to the Constitution in 1865 that slavery was officially abolished in the United States.
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What You'll Learn
- The original US Constitution did not contain the words slave or slavery
- The Constitution dealt with American slavery in several provisions and protected the institution
- The Three-Fifths Clause gave the South extra representation
- The Fugitive Slave Clause required the return of runaway slaves
- The 13th Amendment to the Constitution in 1865 abolished slavery in the US
The original US Constitution did not contain the words slave or slavery
The original US Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it directly addressed American slavery in at least four to five of its provisions and indirectly protected the institution in other parts of the document. The framers of the Constitution consciously avoided using these words, recognising that they would sully the document. Many of them believed slavery to be morally wrong and expected that it would eventually die out. They did not want the permanent moral stain of slavery on the Constitution. Instead, they used euphemisms like "persons held to service or labour" to refer to slaves.
The specific clauses of the Constitution related to slavery were the Three-Fifths Clause, the ban on Congress ending the slave trade for twenty years, the Fugitive Slave Clause, and the slave insurrections. The Three-Fifths Clause counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. The Fugitive Slave Clause required the return of runaway slaves to their owners. The Constitution also prohibited federal interference with the international slave trade for at least twenty years and required states to return fugitive slaves. These measures ensured that slavery remained a national issue, embedding it deeper into American governance.
The framers' conflicted stance towards slavery led them to prioritise political unity over abolition, resulting in key compromises that protected slaveholding interests. They believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. However, by sidestepping the issue of slavery, the framers laid the groundwork for future conflict. As Thurgood Marshall, the first African American Supreme Court justice, said on the 200th anniversary of the Constitution's ratification, the framers "consented to a document which laid a foundation for the tragic events which were to follow."
It was not until the 13th Amendment to the Constitution, passed by Congress and ratified in 1865, that slavery was officially abolished in the United States. The 13th Amendment states that "neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." This amendment, along with the 14th and 15th Amendments, greatly expanded the civil rights of Americans and provided a final constitutional solution to the issue of slavery.
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The Constitution dealt with American slavery in several provisions and protected the institution
The original United States Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it addressed American slavery in several provisions and implicitly protected the institution. The Constitution included the Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation, giving the South more representation in the House of Representatives and additional Electoral College votes. This clause, along with the Fugitive Slave Clause, which required the return of runaway slaves to their owners, and the ban on Congress ending the slave trade for 20 years, protected the interests of slaveholders. The framers of the Constitution avoided explicit references to slavery, using euphemisms like "persons held to service or labor" instead, reflecting their moral qualms about the institution while prioritising political unity over immediate abolition.
The controversy over the Atlantic slave trade was settled through compromise. Southern delegates agreed to a 20-year ban on restrictions on the slave trade, in exchange for removing limits on the national government's power to pass laws requiring goods to be shipped on American vessels. The same day, the convention adopted the Fugitive Slave Clause. While the Constitution's protections for slavery were apparent, it also created a central government with the power to eventually abolish the institution, which it did through the 13th Amendment in 1865. This amendment, along with Lincoln's Emancipation Proclamation, ended slavery in the United States, resolving the issue constitutionally.
The framers' conflicted stance on slavery led to a deliberate avoidance of direct language about the institution in the Constitution. Many had moral objections to slavery, but they also wanted to ensure the support of southern delegates for a strong central government. They believed slavery would die out naturally, and by sidestepping the issue, they sowed the seeds for future conflict. The specific clauses related to slavery included the Three-Fifths Clause, the ban on Congress ending the slave trade for 20 years, the Fugitive Slave Clause, and the slave insurrections clause.
The word "slave" does not appear in the Constitution, and the framers consciously avoided it, recognising it would tarnish the document. Nevertheless, slavery received significant protections. The Three-Fifths Clause gave extra representation to the South, and the Fugitive Slave Clause required the return of runaway slaves. These provisions, along with the ban on federal interference with the slave trade, ensured slavery remained a national issue embedded in American governance.
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The Three-Fifths Clause gave the South extra representation
The Three-Fifths Clause, also known as the Three-Fifths Compromise, was a compromise agreement between delegates from the Northern and Southern states at the United States Constitutional Convention in 1787. The agreement stated that three-fifths of the enslaved population would be considered when determining direct taxation and representation in the House of Representatives.
The Three-Fifths Compromise was proposed by delegate James Wilson and seconded by Charles Pinckney of South Carolina. Pinckney suggested that for the purposes of apportionment, a "House of Delegates" be determined through the apportionment of "one Member for every thousand Inhabitants, 3/5 of Blacks included." The Convention unanimously accepted that representation in the House of Representatives would be proportional to the relative state populations, but it initially rejected the proposal.
The Southern states wanted their entire population to be counted to determine the number of representatives they could elect and send to Congress. On the other hand, the Northern states did not want to count any slaves in making the apportionment since slaves had no voting rights. The Three-Fifths Compromise was reached to resolve this dispute.
The Three-Fifths Compromise gave the Southern states more power in the House of Representatives relative to the Northern states. It also gave slaveholders greater power in Southern legislatures. This was an issue in the secession of West Virginia from Virginia in 1863. The Three-Fifths Compromise effectively gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
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The Fugitive Slave Clause required the return of runaway slaves
The original US Constitution, ratified in 1787, did not settle the issue of slavery. While it never used the words "slave" or "slavery", it included four clauses that addressed the issue indirectly. One of these was the Fugitive Slave Clause, which required runaway slaves to be returned to their owners.
The Fugitive Slave Clause, or Article 4, Section 2, Clause 3, stated that "no person held to service or labour" would be released from bondage if they escaped to a free state. This was included in the Constitution due to concerns from Southern politicians that the newly-free states in the North would become safe havens for runaway slaves. The Fugitive Slave Clause was adopted on the same day as a compromise that banned restrictions on the Atlantic slave trade for 20 years.
The Fugitive Slave Clause was enforced through the Fugitive Slave Acts, passed in 1793 and 1850, which were federal laws that allowed for the capture and return of runaway slaves within the United States. The 1793 Act authorised local governments to seize and return escapees to their owners and imposed penalties on anyone who helped in their flight. The 1850 Act added more provisions regarding runaways and harsher punishments for those who interfered in their capture.
The Fugitive Slave Acts were highly controversial and led to growing polarisation over the issue of slavery in the country. They were among the factors that contributed to the start of the American Civil War. During the war, many slaves escaped to Union lines, and some Union generals refused to recapture them, instead confiscating them as contraband of war and setting them free. In 1861, Congress enacted the Confiscation Act, which barred enslavers from re-enslaving captured fugitives who were forced to aid the insurrection. The Fugitive Slave Act was formally repealed in June 1864, and slavery was finally abolished in the US with the ratification of the 13th Amendment in 1865.
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The 13th Amendment to the Constitution in 1865 abolished slavery in the US
The original US Constitution, which came into force in 1789, did not settle the issue of slavery. While the Constitution only obliquely referred to slavery and never used the words "slave" or "slavery", it implicitly recognised and protected the institution. For example, the Three-Fifths Clause counted three-fifths of each state's slave population when apportioning representation, giving Southern states extra representation in the House of Representatives and extra votes in the Electoral College. The Constitution also banned Congress from ending the slave trade for 20 years and included the Fugitive Slave Clause, which required the return of runaway slaves to their owners.
The 13th Amendment to the Constitution, passed by Congress on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. It states:
> "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
The 13th Amendment, along with the 14th and 15th Amendments, is one of the trio of Civil War Amendments that greatly expanded the civil rights of Americans. The Amendment was passed at the end of the Civil War, which had been fought over the issue of slavery. President Abraham Lincoln's Emancipation Proclamation of 1863 had declared that "all persons held as slaves [...] shall be [...] forever free", but it only applied to areas of the Confederacy in a state of rebellion, and so did not end slavery across the nation. The 13th Amendment provided a final constitutional solution to the issue of slavery.
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Frequently asked questions
No, the original Constitution did not settle the issue of slavery. It indirectly protected the institution of slavery and prohibited federal interference with the international slave trade for at least 20 years.
No, the Constitution did not use the words "slave" or "slavery". The framers consciously avoided using these words and instead used euphemisms like "persons held to service or labor".
The key clauses related to slavery in the Constitution were the Three-Fifths Clause, the ban on Congress ending the slave trade for twenty years, the Fugitive Slave Clause, and the slave insurrections.
Yes, the 13th Amendment to the Constitution, passed in 1865, abolished slavery in the United States. It states that "neither slavery nor involuntary servitude, except as a punishment for crime... shall exist within the United States or any place subject to their jurisdiction."
Abraham Lincoln believed that the American Founding and its Constitution put slavery "in the course of ultimate extinction". He issued the Emancipation Proclamation in 1863, declaring all persons held as slaves to be "forever free".
